Khademolhosseini v Ji, 2019 BCSC 854. As co-counsel for the plaintiff, Almira Esmail obtained an award in excess of $485,000 for a nanomechanical engineer who was close to finishing his PhD when he was involved in a motor vehicle accident.
He went on to complete his PhD, work as a post-doctoral research fellow, and then obtain industry work in California; however, his chronic pain adversely affected his ability to work in the lab for sustained periods of time. Madam Justice Baker held that the plaintiff had suffered a loss of future earning capacity in the amount of $350,000, assessed on the earnings approach based on a reduction of his time in the lab by 15% each year over the next 10 years.
Wiles v. Seabrook, 2019 BCSC 13. Counsel successfully represented the defendants in a matter addressing, among other things, pecuniary loss of capacity to perform work of economic value.